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Madras High CourtCRL OP(MD)/17288/2024allowed

Pradeep v. The State Of Tamilnadu

2024-12-16Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH and CRL MP(MD). No.11126 of 2024

1. Pradeep

2. Manoharan

3. Grahalakshmi

4. Vasanth

5. Uma Kannan

6. Gurusamy

7. Chandrasekaran

8. Karthick

9. Senthilmoorthy

10. Premmoorthy ... Petitioners/Accused No.1 to 3, 5 to 11 Vs The State of Tamilnadu, All Women Police Station, Sattur, Virudhunagar District.

(Crime No. 37 of 2024.) ... Respondent/Complainant For Petitioner :

Mr.N Mariappan, Advocate For Respondent :

Mr.A.Albert James, Government Advocate (Crl.Side) For Intervenor :

Mr.R.Ilayaraja, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.37 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 498(A), 406, 420 and 506(i) IPC in Crime No.37 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the husband and the petitioners 2 to 5 are the in-laws of the de-facto complainant. Further, the petitioners received a sum of Rs.30,69,000/- from the father of the de-facto complainant with an intention to cheat and the same was questioned by her, at that time, the petitioners threatened her with dire consequences. Hence, the de-facto complainant lodged a complaint.

3. Heard the learned counsel appearing on either side.

4. Taking into consideration the facts and circumstances of the case and also considering that the petitioners 2 to 10 were already granted anticipatory bail by this Court in this petition on 19.10.2024, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered. 2/5

Consequently, the connected miscellaneous petition is closed. The first petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Sattur, Viruthunagar District, on condition that the first petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the first petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the first petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the first petitioner shall report before the respondent police daily at 10.30 a.

[e] the first petitioner shall not abscond either during investigation or trial; [f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5

Court is entitled to take appropriate action against the first petitioner in accordance with law as if the conditions have been imposed and the first petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 16/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate No.I, Sattur, Viruthunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

+1 CC to M/s.N.MARIAPPAN, Advocate ( SR-15554[I] dated 18/12/2024 )

ORDER

IN CRL OP(MD) No.17288 of 2024 Date :16/12/2024 ED/ SKN /SAR- (02/01/2025) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5